Justia Immigration Law Opinion SummariesArticles Posted in Supreme Court of Indiana
Bobadilla v. State
The Supreme Court reversed the judgment of the lower courts denying Appellant’s petition for post-conviction relief on the basis that his attorney provided deficient performance that prejudiced him, holding that counsel rendered ineffective assistance to Appellant by failing to properly advise him about the immigration consequences of a misdemeanor guilty plea. Appellant pleaded guilty to stealing less than twenty dollars of merchandise from Walmart without realizing that his guilty plea made him a deportable felon under federal immigration law. Appellant sought post-conviction relief, alleging ineffective assistance of counsel. The lower courts denied relief. The Supreme Court reversed, holding (1) Appellant’s attorney rendered constitutionally deficient performance as a matter of law by independently marking “N/A” next to the citizenship advisement on the standard advisement of rights from before inquiring into Appellant’s citizenship status; and (2) counsel’s deficient performance prejudiced Appellant. View "Bobadilla v. State" on Justia Law
Posted in: Civil Rights, Constitutional Law, Criminal Law, Immigration Law, Supreme Court of Indiana
Escamilla v. Shiel Sexton Co.
The Supreme Court held that the Open Courts Clause of the Indiana Constitution allows unauthorized immigrants to pursue claims for decreased earning capacity damages in a tort action. The Court then provided an evidentiary framework for determining when that plaintiff’s unauthorized immigration status is admissible at trial. The trial court in this personal injury case allowed evidence of Plaintiff’s immigration status and excluded testimony calculating Plaintiff’s decreased lifetime earning capacity due to his injury as unreliable for failing to account for Plaintiff’s immigration status. The Supreme Court reversed, provided the framework for addressing when immigration status is admissible in a decreased earning capacity tort claim, and remanded for the trial court to apply this framework. View "Escamilla v. Shiel Sexton Co." on Justia Law